Most population know that in order to qualify for Medicaid coverage of a long-term stay in a nursing home, the nursing home resident cannot own more than ,000 in cash or other "countable" assets. But if you're married, and one spouse is going into a nursing home and the other is remaining "in the community" (i.e., continuing to reside at home), how much can the so-called "Community Spouse" retain? That whole is determined by a combination of both federal and state Medicaid laws. (Note that for these purposes it doesn't matter whether assets are titled in the sole name of the nursing home spouse, the society Spouse, or jointly in both names.)
The basic rule is that the society Spouse can preserve 50% of all of the countable assets of both spouses, based on what they own when the other spouse first enters the nursing home for a continuous duration of at least 30 days.
Veterans Benefits Assisted Living
Most of the states only permit the at-home spouse to safe one-half of the total whole of the couple's assets, up to 9,560, but with a minimum of ,912. So if the couple's total assets are under ,912, the society Spouse can preserve it all; if their total assets are between ,912 and twice that whole (i.e., ,824), the society Spouse retains ,912; if between ,824 and 9,120, the society Spouse retains half; and if over 9,120, the society Spouse is little to protecting 9,560.
Here are some further examples:
Examples:
1. Assume a combine has total assets of ,000. Half of that is ,000, which is less than the "floor" amount, so the at-home spouse can safe ,912; the equilibrium must be "spent down" before the nursing home spouse can qualify for Medicaid.
2. If the couple's assets total 0,000, then the society Spouse can safe the full 50% amount: ,000.
3. If the couple's assets total 0,000, the society Spouse's protected whole is little to 9,560.
States following the above rule are known as "50% states." However, the most lenient states ("100% states") permit the at-home spouse to preserve 100% of the couple's combined assets, but never more than 9,560. So if the couple's total assets are, say 0,000, the society Spouse can safe not just 50% (,000) but 9,560. (The 9,560 frame changes annually, to keep up with inflation; this is the 2009 amount.)
In all states, once the society Spouse's share is set aside, the nursing home spouse can keep up to ,000 in cash, but the equilibrium of the couple's assets must be eliminated somehow before the nursing home spouse can qualify for Medicaid.
So what do you do with the "excess" assets over the limits discussed above? The state Medicaid management group will tell you that you must "spend down" the excess assets, and if it's a small amount, that's actually the simplest way to qualify.
Another alternative is for the combine to simply give away the excess, but that will cause a duration of disqualification from Medicaid eligibility for the nursing home spouse.
The combine could change some or all of the excess from "countable" to "non-countable," e.g., buying a new car, improving the house, purchasing a Medicaid annuity, etc.
Finally, many of these options are quite technical and wish the skills and guidance of an experienced elder law attorney. Unless you're an attorney "in the trenches" on a daily basis, it's easy to miss a modern state Regulation or group Letter and make a mistake that will wind up costing you ,000s!
sell My Spouse Has to Go Into a Nursing Home - How Much Can I Keep?
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